Official Government study concludes there is 'lack of any clear correlation'
between tough drugs laws and levels of abuse - overshadowing new plan to ban
'legal highs'

Decriminalising drugs would have little effect on the number of people abusing illegal substances, a highly controversial Home Office report has said.

The landmark study triggered a major row in the Coalition as it indicated that decriminalising drugs – even Class ‘A’ substances such as heroin and cocaine - could have some benefits in the criminal justice system.

The report – which sources said had caused “panic” within the Home Office – said: “There are indications that decriminalisation can reduce the burden on criminal justice systems.

“It is not clear that decriminalisation has an impact on levels of drug use.

"The disparity in drug use trends and criminal justice statistics between countries with similar approaches, and the lack of any clear correlation between the ‘toughness’ of an approach and levels of drug use demonstrates the complexity of the issue."

The report - which has a foreword by Theresa May, but has been led by the Liberal Democrats - forced the Home Office to publish a statement which denied decriminalisation was on the table.

"This government has absolutely no intention of decriminalising drugs," a Home Office spokesman said.

"Our drugs strategy is working and there is a long-term downward trend in drug misuse in the UK.

"It is right that we look at drugs policies in other countries and today’s report summarises a number of these international approaches."

But Danny Kushlick, founder of the Transform Drug Policy Foundation which campaigns against existing laws, said: "This is a historic moment in the development of UK drug policy.

"For the first time in over 40 years the Home Office has admitted that enforcing tough drug laws doesn’t necessarily reduce levels of drug use.

"It has also acknowledged that decriminalising the possession of drugs doesn’t increase levels of use."

A cannabis joint

Decriminalisation is a legal status which means controlled drugs remain illegal but possession of small quantities ceases to be a criminal offence.

Under the proposals distribution of legal highs is likely to be outlawed in the high street and on British-based internet sites.

Legal highs – also known as "novel psychoactive substances" - mimic the effects of illegal drugs such as cannabis and ecstasy, and have been linked with serious health problems and more than 140 deaths in the last three years.

The report highlights the current system used in Ireland whereby all ‘psychoactive’ substances are banned unless specific exemptions are made, as is the case with tea, coffee and alcohol.

Mr Baker, the crime prevention minister, said prohibiting sale and supply was the best way to deal with growing abuse of the drugs.

A blanket ban on legal highs has been put forward by the expert panel of scientists, lawyers, police and prosecutors because the existing Misuse of Drugs Act has struggled to cope with the proliferation of different substances.

Currently, when the Government outlaws a legal high chemists will get around the law by tweaking the chemical compound and creating a new substance.

To introduce a blanket ban the Home Office will be forced to draw up a list of exemptions to avoid inadvertently criminalising legal substances which have mild psychoactive effects, like tea and coffee.

Many legal highs, like this dose of 'Benzo Fury', are marked 'Not for human consumption' in a bid to circumvent the law

The report set out how it could have "unintended consequences" by inadvertently criminalising other chemicals such as caffeine and alcohol.

"In considering the general prohibition on distribution approach, the panel was mindful that the approach would capture a very wide range of current and potential future psychoactive substances and there was potential for unintended consequences," it said.

"With that in mind, the panel recommends that the Government puts in place a schedule of exemptions for substances it wishes to permit when bringing the general prohibition into force (e.g. alcohol, tobacco, caffeine, energy drinks)."

The Home Office said the Britain-wide ban would prevent the sale of legal highs in "head shops" and on websites with a UK domain.

Latest figures show there were 60 deaths related to legal highs in 2013, up from 52 in 2012 and 29 in 2011.

Mr Baker said: "I am very concerned about the trade in new psychoactive substances.

"The expert panel I commissioned to look at the problem is very clear they present a challenge that cannot be ignored.

"From today we will start looking into the feasibility of a blanket ban on new psychoactive substances across the whole of the UK, clamping down on the suppliers and head shops rather than the users."

Maryon Stewart, of the Angelus Foundation which raises awareness of legal highs, said: "Angelus has been battling against this vampire industry for five years now. So it is a good day when there are definite plans announced to dismantle it.

"Young people have been duped for too long about these harmful and unpredictable substances.

"We all know the problem is not going to disappear overnight but the intent is clear - to fight back against a trade who cares little about the welfare of young people so long as there are huge profits to be made.”

The legal highs report set out potential pitfalls with a blanket ban, including how it could force sales into the black market on overseas websites or the "dark internet".

It could also bring organised crime gangs into the marketplace at the prospect of making a profit from popular drugs such as mephedrone.

There was also "potential for health and social harms if there is displacement to more harmful drugs and alcohol", it said.

A definition of "psychoactivity" used to introduce a ban could also be open to legal challenge, it warned.

A similar ban introduced in Ireland four years ago defined the substances as any that has "the capacity to stimulate or depress the central nervous system, resulting in hallucinations, dependence or significant changes to motor function, thinking or behaviour".